§ 8-1.5-5-7 — Financing of facilities; user fees

Indiana § 8-1.5-5-7

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 5: Department of Storm Water Management

Text

(a) The acquisition, construction, installation,
operation, and maintenance of facilities and land for storm water
systems may be financed through:
(1) proceeds of special taxing district bonds of the storm water
district;
(2) the assumption of liability incurred to construct the storm
water system being acquired;
(3) service rates;
(4) revenue bonds; or
(5) any other available funds.
(b) Except as provided in IC 36-9-23-37, the board, after holding a
public hearing with notice given under IC 5-3-1 and obtaining the
approval of the fiscal body of the unit served by the department, may
assess and collect user fees from all of the property of the storm water
district for the operation and maintenance of the storm water system.
The amount of the user fees must be the minimum amount necessary
for the operation and maintenance of the storm water system. The
assessment and collection of user fees under this subsection by the
board of a county must also be approved by the county executive.
(c) The collection of the fees authorized by this section may be
effectuated through a periodic billing system or through a charge
appearing on the semiannual property tax statement of the affected
property owner.
(d) The board shall use one (1) or more of the following factors to
establish the fees authorized by this section:
(1) A flat charge for each lot, parcel of property, or building.
(2) The amount of impervious surface on the property.
(3) The number and size of storm water outlets on the property.
(4) The amount, strength, or character of storm water discharged.
(5) The existence of improvements on the property that address
storm water quality and quantity issues.
(6) The degree to which storm water discharged from the property
affects water quality in the storm water district.
(7) Any other factors the board considers necessary.
(e) The board may exercise reasonable discretion in adopting
different schedules of fees or making classifications in schedules of
fees based on:
(1) variations in the costs, including capital expenditures, of
furnishing services to various classes of users or to various
locations;
(2) variations in the number of users in various locations; and
(3) whether the property is used primarily for residential,
commercial, or agricultural purposes.

Legislative History

As added by P.L.125-1987, SEC.1. Amended by P.L.176-2002, SEC.6; P.L.282-2003, SEC.10; P.L.114-2008, SEC.3.